Damages and Compensation

Our objective is obtaining compensation and financial security for our injured or disabled clients. At trial, we have won some of the largest medical malpractice awards in Canadian history for our clients.

Medical Negligence Damages in Canada

Medical Negligence Damages in Canada
An injured plaintiff is entitled to full compensation for their injury. This includes restitution for any financial losses or expenses caused by the injury, including loss of income, as well as funds for the purchase of equipment, goods or services. Our goal is to ensure that no matter what the future may bring, your injured or disabled family member will always be secure and have their needs provided for.

At Sommers Roth & Elmaleh medical malpractice is virtually all we do. Relying on a legacy of more than 40 years of trial experience, we are often successful in cases that other law firms believe will be unsuccessful. Our team of exceptional lawyers guide families through some of the most challenging times in their lives, so that families can begin to move forward.

Through assisting families who have suffered from medical negligence for over 40 years, we know that caring for someone who has been injured by medical malpractice can be expensive and difficult- and that government assistance programs are not enough.

Our objective is to ensure that each of our clients has financial security and will not have to rely on government subsidies, sponsorship or external funding to afford the cost of the goods, services, therapies, attendant care, equipment, and programs they will need- and deserve- over their lifetime.

Other Compensation

In addition to damages that may be awarded to victims and families in recognition of the injuries suffered, families may also be eligible to receive costs for items such as:

  • Past and Future Income Loss due to caring for an injured or disabled child;
  • Home Purchase/Modifications, such as a such as wheelchair accessible ramps (Bifold™ Suitcase Ramp/Trifold® Ramp), a wheelchair accessible primary entrance (Bio-matic™ Weather-Resistant Fingerprint Recognition Door Lock), emergency exits, level and paved driveway, appropriate attached garage, safety gates, security system, elevators (Savaria Stair Lifts –AmeriGlide Stairlifts, Vertical Lifts, Wheelchair Lifts, Elevators, Acorn Stairlifts, Hoyer lift), non-skid flooring, widened doorways, grab bars, bathtubs with doors (Aquam Spas), Walk-in Showers, Hydrotherapy Pools ;
  • Attendant Care/Respite services which are not covered by provincial government funding, such as private nurses (RN/RPN), Personal Support Workers (PSW), Disability Support Workers (DSW), or Rehabilitation Support Worker (RSW);
  • Medical and Rehabilitation Services such as Family Counseling, Speech Language Therapy, Physiotherapy, Occupational Therapy, Vision Care, Audiologist, Nutritionist, Case Manager, Psychology, Social Workers, and Dental Care;
  • Educational Expenses and Vocational Assistance such as an Educational Assistant or “shadow”, tutoring, specialized equipment, specialized programming (such as the Brighton LAUNCH program in Toronto); Vocational Rehabilitation Associates; Vocational Rehabilitation Services;
  • Transportation Expenses such as a modified vehicle (wheelchair accessible van or otherwise) by a company like MV-1 or Savaria, or a private taxi to and from appointments; Accessories: EZ Swivel Seat; Easy Reach™ Seat Belt Handle;
  • Medications not covered by provincial government funding (ie: Ontario Drug Benefit [ODB]), such as Botox, Tobramycin, Lorazepam, Tegretol, Levothyrroxine, hydrocortisone, nutropin, Desmopressin, Topiramate, Clobazam, Salbutamol, Clonazepam, Carbamezepine, Baclofen, Nasonex, Fluticasone, and Budesonide, and others which are not covered by OHIP or by a private insurer; Topical Analgesics: (Biofreeze® Professional Gel, Polar Frost®, Orthogel®);
  • Medical Equipment and Supplies, which are not completely covered by the Ontario Assistive Device Program (ADP), such respiratory devices, nebulizer systems, humidifiers, motion sensors, fans and air circulators, talking clocks, daylight therapy, respiratory devices, and similar;
  • Pain Relief: TENS (e.g.: Impulse, BioStim™, Comfor), moist heat packs (e.g.: Tropic Pac®, Custom-Touch™, HealthSmart®, Good2Go™), cold packs (e.g.: Performa™, Ice It!®, Polar Ice);
  • Mobility Equipment and Furniture such as wheelchairs/scooters (e.g.: Convaid Cruiser, Zippie Iris Wheelchair, Kanga TS Paediatric Wheelchair, Tumble Forms 2® Scooter), wheelchair accessories (trays, bags, drink holder, oxygen holder, gloves, rain poncho, urinary drainage bag holder, spare wheels, battery packs, seat belt, cushion covers, cane holder), rollators, paediatric walkers, standard walkers, walker accessories (such as basket, bags, organisers, trays gliders – tennis ball glides/walker skis), orthotics, paediatric gait trainers (e.g.: Comet and Star, Cricket™, Trekker), lift standers (e.g.: EasyStand®, Jenx, TriStander®, Tugs);
  • Vehicle Modifications: accessories such as EZ Swivel Seat; Easy Reach™. seat belt handle;
  • Exercise Equipment: stationary bikes, treadmills, mobility trainers, inversion tables, balance boards, exercise balls, and similar;
  • Kitchen supplies such as a one-handed cordless can opener, electric jar opener, utility cart, dycem mats, folding pan holder, food chopper, grater with suction feet, jar key, combination cutting board and pivoting knife, long-handled dustpan and brush, tilting stool with back and armrests, cut resistant glove, ergonomic relieve knife, Good GripsR, rolling shopping carts (Rolser);
  • Dining/Feeding: EZ Fill Liquid indicator; Homecraft Insulated Mug; bilateral glass holder;
  • Toileting and hygiene systems: high-back and low-back toilet support, Dura-Tilt shower commode chair, self propelled clean chair, self propelled shower/commode chair with swing arms, incontinence products (e.g.: draw sheets, E-Z Slide TLC Positioning Pad, disposable or re-useable pads, Dr Sleeper™ and Wetness Alert); waterproof chair pads;
  • Bathroom devices such as a shower stool, shower rail, adjustable height shower chair, commode chair, grab bar, bath lift, and safety devices;
  • Bedroom devices: including hydraulic lifts, transfer slides, transfer boards, bed wedges, and mattress systems;
  • Workstation supplies and school supplies such as a computer workstation desk, computer station seating, desktop copy holder, pencil/pen grip (e.g.: ErgoWriter; EZ Grip® Pen), Keys U Can See Keyboard, backrests and cushions;
  • Paediatric Seating: high-low chair, adaptable ABC chair, positioning chairs (e.g.: The Bumbo Seat™, Special TomatoR Soft Touch® Liners™, Special Tomato®), push chairs and strollers (e.g.: Concaid Cruiser, Convaid EZ Rider, Axiom Indoor/Outdoor Mobility Push Chair); feeder seats (e.g.: Cozzee®, Tumble Forms 2®);
  • Assistive Technology such as computer, printer, DynaVox, cochlear implant (e.g.: Nuclear 24 Channel Cochlear Implant), Soundfield FM system, Oticon Amigo receiver/T20 transmitter, Hushh-Ups, Penny & Giles Joystick, computer programs (e.g.: Go Talk, Prologuo2Go, Intellitools Classroom Suite, Kurzweil, Express 32, WordQ, Read and Write Gold); and talking devices.
  • Sensory &Gross Motor Activities: switches (e.g. Big Red® Ability Switch, Jelly Bean® Twist, Mono Trampoline), “Yes-U-Van” Fine Motor Exercises Kit, Peg Boards, Weighted Blanket (e.g.: Tumble Forms 2®), light stimulation;
  • Play Activities: card player card holder, deluxe card rack;
  • Specialized or modified Avocational/Recreational Activities such as Aqua Therapy, horseback riding (e.g.:Canadian Association for Riders with Disabilities; Canadian Therapeutic Riding Association), paediatric bikes (e.g.: AmTrykes, Imp & Tracker Tricycle), sailing (e.g.:Disabled Sailing Association of Ontario, Able Sail/CAN Sail Para), membership to specialized facilities or programming (e.g.:Variety Village);
  • Clothing – including adaptive clothing for those in wheelchairs with feeding or oxygen tubes (e.g: Silvert’s Adaptive Clothing & Footwear, ABL Denim).

Contact Sommers Roth & Elmaleh in Toronto to Obtain Compensation for Injury or Disability

If you or your child have been seriously injured due to medical malpractice, medical negligence, or a medical error contact Sommers Roth & Elmaleh. As one of the oldest medical malpractice firms in Toronto, we are well-established and highly respected in the medical malpractice field and have helped clients from all across Canada, including Ontario, Alberta, British Columbia, Saskatchewan, Quebec and Newfoundland. Call us at 1-416-961-1212 or contact us online for a free consultation.

Practice Areas

The dedicated, driven, and experienced medical malpractice lawyers at Sommers Roth & Elmaleh regularly assist clients and families with a wide variety of medical malpractice claims, including:

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If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
You pay us nothing unless we win.

A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.